Singapore Mediation Convention
The United Nation Convention on International Settlement Agreements Resulting from Mediation is signed by Turkey on 7 August 2019. Known as “Singapore Mediation Convention”, the Convention aims to regulate the enforcement of cross-border settlement agreements resulting with the assistance of mediation.
To start with the benefits, the Convention ensures a process for the direct enforcement of international settlement agreement between the parties resulting from mediation. The Singapore Convention allowS the party requesting enforcement to apply to the courts of a State directly. In cross-border disputes, the Singapore Convention is applicable to international agreements settling commercial disputes as a result of mediation.
With this Convention, the demand to the international mediation will increase as the need for a court judgement will be abolished. Even though European Union member states and Russia are not signed the Convention; Turkey’s most significant trade partners such as the US, China, Qatar and India signed the Convention. The investment contracts between the countries will become more prevalent considering the enforceability of the agreements.
Required Documents for the Enforcement of a Settlement Agreement:
- A copy of the signed Agreement
- An evidence that the settlement agreement resulted from mediation (e.g., the mediator’s signature on the settlement agreement or evidence that the competent authority considers acceptable)
Reasons for refusal of the enforcement of a settlement agreement:
- A party may rely upon some reasons to avoid the enforcement such as; incapacity of a party or an inoperative settlement agreement on the grounds of the mediation.
- The competent authority of the state may only reject the request for enforcement ex officioif the enforcement would be contrary to that state’s public policy or if the subject matter of the dispute cannot be mediated pursuant to the laws of the state where the party seeks enforcement.
Out of the Scope of the Singapore Convention:
- Concluded to resolve a dispute arising from transactions engaged in by a consumer for personal, family or household purposes
- The signed agreements relating to family, inheritance or employment law;
- The agreements that have been approved by a court or concluded in the course of proceedings before a court, and that are enforceable as a judgment in the state of that court; and
- The settlements hat have been recorded and are enforceable as an arbitrary award.
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(London Legal International -Turkish Solicitors in the United Kingdom, Turkish lawyers you can trust)